Arrangements for Children
We know you want the best outcomes for your children, and you’re probably wondering who your children will live with (formerly known as “custody” or “residence”) in the event of separation. We are here to help you manage the logistics of arranging the time your children may spend with their other parent (previously referred to as “access” or “contact”). We understand these situations can be urgent and very delicate, potentially involving third parties such as grandparents, relatives, or other family members.
We can negotiate arrangements and refer you to other practical services such as psychologists and counsellors.
Our two Independent Children’s Lawyers have the expertise to manage complex parenting matters and provide a unique perspective as to how a Court would manage children’s issues. It is sometimes necessary to deal with urgent arrangements for children in circumstances which may include family violence or child abuse, child abduction, or unauthorised relocation of children.Agreements prepared by other lawyers.
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Frequently Asked Questions
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A parenting plan is a written agreement between parents setting out arrangements for children. It is flexible and can be updated, but it is not enforceable.
Parenting orders are made by the Court (either by consent or after a hearing) and are enforceable.
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No. The court does not start with a presumption of equal shared parental responsibility and is not required to consider equal time. Arrangements are based on what is in each child's best interests, with safety being a main consideration.
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In most parenting matters, yes. You generally need a section 60I certificate from a registered family dispute resolution practitioner before you can file an application.
Exemptions can apply, including where there is family violence, child abuse, or urgency.
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Safety is the first of the six best interest factors the court considers. The court must look at any history of family violence, abuse or neglect, and at any family violence order that applies or has applied to the child or a member of the child's family. It can affect both the time a child spends with a parent and how decisions about that child are made.
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